The defendant is charged [in count __]
with criminal trover in the first degree. The statute defining this offense
reads in pertinent part as follows:

a person is guilty of criminal
trover in the first degree when (he/she) forcibly enters or forcibly removes the
ignition of the motor vehicle of another and uses the motor vehicle without the
consent of such owner, and such use results in damage to or diminishes the value
of such motor vehicle or subjects such owner to economic loss, fine or other
penalty.

For you to find the defendant guilty
of this charge, the state must prove the following elements beyond a reasonable
doubt:

Element 1 - Forcibly entered or
removed the ignition of a motor vehicleThe first element is that the
defendant forcibly (entered / removed the ignition of) a motor vehicle of
another. A motor vehicle has its ordinary meaning and includes <insert type
of motor vehicle alleged>.

Element 2 - Used motor vehicle
without consent of ownerThe second element is that the
defendant used the motor vehicle without the consent of the owner. "Owner"
means not only the true or lawful owner, but any person who has a superior right
to that of the defendant. A person does an act "without consent of another
person" when (he/she) lacks such other person's agreement or assent to engage in
the act.

Element 3 - Damage to vehicle
or other economic lossThe third element is that the
defendant's use of the motor vehicle without the owner's consent

resulted in damage
to or diminished the value of the motor vehicle.

subjected the owner
of the vehicle to economic loss, fine or other penalty.

Conclusion

In summary, the state must prove
beyond a reasonable doubt that 1) the defendant forcibly (entered / removed the
ignition of) a motor vehicle of another, 2) (he/she) used the motor vehicle
without the consent of the owner, and 3) <insert specific allegations
regarding damages, loss, fine or penalty>.

If you unanimously find that the state has proved beyond a
reasonable doubt each of the elements of the crime of criminal trover in the
first degree, then you shall find the defendant guilty. On the other hand, if
you unanimously find that the state has failed to prove beyond a reasonable
doubt any of the elements, you shall then find the defendant not guilty.

Commentary

Subsequent offendersGeneral
Statutes § 53a-126a (b) provides for an enhanced sentence if the defendant has
previously been convicted of one or more violations of § 53a-126a. Pursuant to
Practice Book § 36-14, the prior conviction must be charged in a Part B
information so that the jury is unaware of the prior conviction during the trial
on the current charge. If a guilty verdict is returned, the jury must then be
instructed on the second part of the information. See
Subsequent Offenders, Instruction
2.12-2.